Thomas and Lindebak Obtain Defense Verdict

Posted on: September 27th, 2019

Mark Thomas and Aaron W. Lindebak represented an e-cigarette company in a products liability case. A homeowner discovered the kitchen of his home to be on fire after returning from dinner on Valentine’s Day 2015. His insurance company sought subrogation for $398,773.78 in damage to the home and homeowner’s personal property. Plaintiff sued Black Dragon Enterprises, LLC, claiming Defendant’s e-cigarette battery was the cause of the fire. Thomas and Lindebak argued that Defendant’s product was not responsible for the fire. Thomas and Lindebak also argued the Plaintiff failed to show that the Black Dragon product was cause of the fire as there was no indication of any problem with the product for the prior two years the product had been used and Black Dragon was not aware of any other fires occurring with their product. Thomas and Lindebak further argued that Plaintiff failed to prove what defect, if any, caused the fire to occur. Defendant also argued that any problem stemmed from the manufacture of the battery which was not Black Dragon’s responsibility. A Marion County jury agreed finding Black Dragon not at fault. The case was Cincinnati Insurance Company v. Black Dragon Enterprises, LLC, Marion County Case No. LACV095922.

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